Shahnawaj @ Md Shahnawaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50094 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Shahnawaj @ Md Shahnawaj S/O Md. Israyal R/O Village- Fatehpur (PACHAMBA) , Ps. Muffasil (SINGHAUL O.P), Dist. Begusarai ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 397, 411 of the Indian Penal Code.

3. As per prosecution case, the allegation against four unknown miscreants is that they robbed the informant and one of the miscreants imparted bamboo blow on the head of the informant due to which he sustained injuries and all miscreants took away the motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.50094 of 2023(2) dt.11-08-2023 2/2 confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 02.08.2023 passed in Cr. Misc. No. 46989 of 2023. Moreover, the petitioner is languishing in judicial custody since 06.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 198 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

(Sunil Kumar Panwar, J) Manishkumar/- U T